Union Township City Zoning Code
§ 30-9.2
Restoration of Existing Buildings.
[Ord. No. 85-9, § 901]
a.
Any nonconforming building existing at the time of the passage of this chapter[1] may be restored or repaired in the event of partial destruction thereof by fire, explosion, act of God, or act of public enemy. However, any building which is substantially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as to conform to all provisions of this chapter or pursuant to such variances as may be granted by the Board of Adjustment. When the Zoning Officer has denied a permit for restoration of any such building pursuant to this chapter, he shall forthwith refer the application to the Board of Adjustment. In determining whether or not destruction has been partial, the Board of Adjustment shall be guided by the facts and circumstances of the application being considered, giving due regard, but without being limited to, the following factors:
1.
Nature of the nonconforming use.
2.
Nature and number of structures destroyed or damaged.
3.
Nature and extent of structural damage.
4.
Extent of area of damage to building.
5.
Nature and extent of repairs necessary to restore building.
6.
Extent to which remaining portions of building are usable for reconstruction.
7.
Such other considerations as may be formulated by statute and judicial decision.
When setting forth its conclusions under this subsection, the Board of Adjustment shall make specific factual findings upon which its decision is based. Nothing in this subsection shall prevent the restoration of a wall declared unsafe by the Zoning Officer.
[1]
Editor's Note: This chapter adopted December 11, 1985, by Ordinance No. 85-9, and became effective pursuant to law.